How is the opening of the inheritance
An inheritance cannot open on its own. The inheritance is opened at the initiative of the heirs.
If the heirs do not perform any actions to open the inheritance (in particular, they do not submit an Application for Acceptance of the Inheritance), then they may lose their inheritance.
The principle works “If the heir does not want to do a number of elementary actions for his own good, then he does not need an inheritance”.
Therefore, the inheritance process begins by submitting to the notary an application for acceptance of the inheritance within six months from the date of the death of the testator.
There are two categories of persons who, in accordance with Article 1268 of the Civil Code of Ukraine, may not apply:
1) An heir who permanently resided with the testator at the time of opening the inheritance, it is considered such that he accepted the inheritance, if within six months from the date of opening the inheritance he did not declare the renunciation of the inheritance;
2) Minor, minor, incompetent person, whose civil capacity is limited, without filing an application, is already considered to be one that accepted the inheritance, except in cases of renunciation of it with the consent of the parents (adoptive parents), trustees and the guardianship and guardianship authority.
An heir who wishes to accept the inheritance, but at the time of the opening of the inheritance did not live permanently with the testator, must personally apply to a notary with an application for acceptance of the inheritance. The application can also be submitted remotely - by mail, but it will still need to be certified by a notary.
Acceptance and refusal to accept an inheritance may take place only in relation to the entire inheritance property. The heir is not entitled to accept one part of the inheritance and refuse the other part. An heir who has accepted part of the inheritance is considered to have accepted the entire inheritance.
If the heir, who did not live with the deceased for six months, did not submit an application to the notary for accepting the inheritance, he is considered to be one who did not accept the inheritance.
The court may determine to the heir who has missed the deadline for accepting the inheritance for a good reason, an additional period sufficient for them to submit the Application for accepting the inheritance. As a rule, such a period cannot be more than six months.
An heir who, by a court decision, has an additional period for filing an application for acceptance of an inheritance, must, within the period established by the court, accept the inheritance by submitting an appropriate application to a notary at the place where the inheritance case was opened.